3517.154
Review of complaint.

(1)
The full-time attorney for the Ohio elections commission shall review each
complaint filed with the commission under section 3517.153 of the Revised Code,
shall determine the nature of the complaint, and, unless division (A)(2)(a) of
this section requires that the complaint receive an automatic expedited
hearing, shall make a recommendation to the commission for its disposition, in
accordance with this section. The attorney shall make the determination and the
recommendation, if required, not later than one business day after the
complaint is filed.

(a)
If the attorney determines that the complaint sets forth a violation of
division (B) of section 3517.21 or division (B) of section 3517.22 of the
Revised Code and that the complaint is filed during one of the periods of time
specified in division (B)(1) of section 3517.156 of the Revised Code,
the complaint shall receive
an automatic expedited hearing under section 3517.156 of the Revised
Code.

(b)
If the
attorney determines that the complaint sets forth a failure to comply with or a
violation of division (G), (I), (J), (O), (P), or (Q) of section 3517.13,
division (A) of section 3517.21, or division (A) of section 3517.22 of the
Revised Code and that the complaint is filed during one of the periods of time
specified in division (B)(1) of section 3517.156 of the Revised Code, the
attorney shall recommend to the commission that the complaint receive an
expedited hearing under section 3517.156 of the Revised Code, and the complaint
shall receive such a hearing.

(c)
If the attorney determines that the complaint sets forth a failure to comply
with or a violation of a section of the Revised Code over which the commission
has jurisdiction to hear complaints other than the sections described in
divisions (A)(2)(a) and (b) of this section, and unless the attorney makes a
determination as provided for in division (A)(3) of this section, the attorney
shall recommend to the commission that the complaint be submitted to the
commission under section 3517.155 of the Revised Code. After the attorney makes
that recommendation, the attorney shall notify all parties to the complaint of
the attorney's recommendation.

(a)
If a complaint sets forth a failure to comply with or a violation of a section
of the Revised Code over which the commission has jurisdiction to hear
complaints other than the sections described in divisions (A)(2)(a) and (b) of
this section and if the complaint is filed during one of the periods of time
specified in division (B)(1) of section 3517.156 of the Revised Code, the
attorney may determine that the complaint should receive an expedited hearing
under that section. The attorney shall make that determination by considering
one or more of the following:

(i)
The
number of prior failures to comply with or violations of Title XXXV of the
Revised Code that the person or entity against whom the complaint has been
brought has committed and any prior penalties the commission has imposed on the
person or entity;

(ii)
If the
complaint involves a statement required to be filed under section 3517.10,
division (E) of section 3517.102, or section 3517.105, 3517.107, 3517.108, 3517.109,
3517.1011, 3517.1012, or 3517.1014 of the Revised Code or an addendum required
to be filed under section 3517.11 of the Revised Code that is filed late, how
late the filing is and how much time has elapsed between the deadline for
filing the statement or addendum and the filing of the complaint;

(iii)
If the
complaint involves contributions and expenditures, contributions and
disbursements, deposits and disbursements, gifts and disbursements, or
donations and disbursements required to be reported under section 3517.10,
division (E) of section 3517.102, or section 3517.105, 3517.107, 3517.108,
3517.109, 3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code
that are either not reported or reported late, the number of contributions and
expenditures, contributions and disbursements, deposits and disbursements,
gifts and disbursements, or donations and disbursements not reported or how
late they were reported;

(iv)
If the complaint involves contributions required to be reported by a campaign
committee under section 3517.10, division (E) of section 3517.102, or section
3517.105, 3517.107, 3517.108, or 3517.109 of the Revised Code that are not
reported, whether any of the contributors of the contributions not reported
have a personal or professional relationship with the campaign committee's
candidate;

(v)
If the
complaint involves a statement required to be filed under section 3517.10,
division (E) of section 3517.102, or section 3517.105, 3517.107, 3517.108, 3517.109,
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code that is
incomplete, the degree to which it is incomplete;

(vi)
If the complaint involves the receipt of contributions in violation of section
3599.03 of the Revised Code, the dollar amount and number of contributions
received in violation of that section;

(vii)
If the
complaint involves a failure to make the identification or a misstatement of
the identification required under section 3517.105 or 3517.20 of the Revised
Code, whether the failure or misstatement was purposely made;

(viii)
If the
complaint sets forth a failure to comply with or a violation of a section of
the Revised Code described in division (A)(2)(c) of this section, whether the
person or entity against whom the complaint has been made has committed more
than one such failure or violation within a reasonable amount of time, or
whether the cumulative nature of the failures or violations indicates a
systematic disregard for the law.

(b)
Prior to making a determination under division (A)(3)(a) of this section that
the complaint should receive an expedited hearing under section 3517.156 of the
Revised Code, the attorney shall take into consideration the number of panels
of the commission that have cases pending before them and the number of cases
pending before the panels and shall not make a determination that will place an
undue burden on a panel of the commission.

(c)
If the attorney determines that the complaint should receive an expedited
hearing under section 3517.156 of the Revised Code, the attorney shall
recommend to the commission that the complaint receive an expedited hearing,
and, if a majority of the members of the commission agrees with the
recommendation, the complaint shall receive an expedited hearing under that
section.

(4)
The
attorney may join two or more complaints if the attorney determines that the
allegations in each complaint are of the same or similar character, are based
on the same act or failure to act, or are based on two or more acts or failures
to act constituting parts of a common scheme or plan. If one complaint contains
two or more allegations, the attorney may separate the allegations if they are
not of the same or similar character, if they are not based on the same act or
failure to act, or if they are not based on two or more acts or failures to act
constituting parts of a common scheme or plan. If the attorney separates the
allegations in a complaint, the attorney may make separate recommendations
under division (A)(2) or (3) of this section for each allegation.

(B)
Whenever
a person or other entity files a complaint with the commission setting forth a
failure to comply with or a violation of a section of the Revised Code as
described in division (A)(2)(c) of this section and the complaint is filed
during one of the periods of time specified in division (B)(1) of section
3517.156 of the Revised Code, the person or entity may request an expedited
hearing under that section at the time the complaint is filed. The attorney for
the commission shall inform the members of the commission of that request at
the time the attorney makes a recommendation under division (A) of this
section. The commission may grant the request for an expedited hearing under
this division if it determines that an expedited hearing is
practicable.

Amended by
129th General AssemblyFile
No.40, HB 194,
§1 Made subject to
referendum in the Nov. 6, 2012 election. The version of this section thus
amended was repealed by
129th General AssemblyFile
No.105, SB 295,
§1, eff.
8/15/2012.